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Smith Pleads Eloquently to Save Beatti^rom Death SMITH PLEADS FOR ACQUITTAL VERDICT Chief Counsel for Defense Make Brilliant Argu? ment for His Client and Denounces Methods Used to Brand Him With Crime. Skilfully piecing together the doubt ful or beclOilded Issues of the ease ol the Commonwealth, and throwing Into the shade tho more prominent feat? ures. Attorney Ii. M Smith. Jr.. yes? terday morning made ar. eloquent and well-developed plea tor the llle of hli client. Henry Clay Belittle. Jr.. at till hands of a Jury in the Chestertiel? Circuit Court it was n marveloui presentation of a poor case Ably h> used what points the defense had boot able to pick up from day to day is an argument, noi "I the ;r.ncri his client?that was never once claim? ed?but thai ii reasonable doubt hao been raised as to hts guilt under tht tvldencc. which doubt, under tht court's instructions, would suffice to secure an acquittal. Much time was devoted by Mr. Sniltli In denunciation ol the methods of paid dete'-tives in securing evidence. In In? terviewing and coaching witnesses and in presenting evidence only as it lit their case. Might Hum- Shown MilCli.' But at the height of his denuncia? tion of their methods Mr. Smith ad? mitted that had he had at his disposal a corps of men as well Trained and as vigilant, he could havi brought be? fore the Jury vastly more that would becloud the Issue and serve further to advance his plea oi a reasonable doubt. The poor weakling Paul Beal tie was held up to derision, and a jury tfared to scan any man to the chair on his word alone. The mo '? tlve for the crime, a mere girl, foi whom no man could have more tha.li passing regard, was ridiculed, and th< weak points in the State's armor wer. found one after another. 11 was his especial grievance that the boys from the Bon Air dance? manly, clean-minded boys, as he wat glad to admit?had been coached and! trailed Into giving evidence which all! but convicted bad it not been for the accidental finding of K?stelberg, the unwitting witness, whom the attorney -for the defense himself admitted lied urn the stand Mr. Smith said frankly that he did not believe and did not ask the Jury to believe that K?stelberg did not know his woman companion He boldly charged that the lie was told because Kastelberg feared the husband und the brother of that woman. Paul Beattle lie especially excori? ated. Efforts were made to show his venom and animus against his more Successful relatives and to show- that Do man of the- evident intelligence und acumen of Henry Beattle could have been such an idiot as to use so weak en Instrument to work his ends. Earnestly asserting Iiis belief in the unreasonableness, the unbelievable qualities of the case the Commonwealth presented. Mr. Smith yet paused long enough to he shocked to hi? soul by the monster which the charge painted. Asserting that It staggered human be? lief that a man such as his client could have done such a deed, he asserted boldly that hell held no fiend more brutal than one who would slay the wife of his bosom and the mother of his child with so cold-blooded and de? liberate precision, after nights of plun-j ning and days of preparation. Mr. Smith's tddreHa. When court opened at S:20 A. M.. H M. Smlt'h. Jr.. of counsel for the de? fense, began at once his closing argu? ment, which occupied about four hours. When he concluded at 1:18 court took a recess for dinner. "I congratulate you, gentlemen of , the jury," he began, "that your ardu ous labors are nearly over. 1 thank yoi. for the Hj.imifes.t patience with Which you ho-ve.-? oonfl'ueted yourselves?foi the fair and- diligent attention that you have given to the evidence. What ever the verdict. It will be- a fair and conscientious verdict No one in this county doubts that. "I congratulate Mr. Carter and my? self that the arduous duties, which aave for so many weary days rested : <nn our shoulders, arc now about to be transferred to yours. His masterly argument has made It unnecessary for me to detain you I don't think In all my life I ever before heard him speak more than an hour and a half, imagine my embarrassment when f| eome before you in a case to which Mr. Carter lias alitady devoted three "??? hours He was honestly and eonsoten bi llouely endeavoring to throw light on this case: not appealing to passion ot n prejudice, bill to Intellect and con? science. He pointed out to you the path and duty and the path of reason t: -No Appeal to Passion. "I shall not appeal to imprciper pas ( elon or prejudice This :s a case filled " with meat?with food f..,- reflection clu We know that uptight. intelligent les. conscientious men may well differ a., its *? c<",,a!n features of the evidence wi do not anticipate or fear at .cur hand '""t conviction What we fear is a hung llstewry. These of you who may hesit.,t< v6Kln'*y -vet '.eel that you cannot give Her'ur at1sent <" a verdict of not guilty ...shall be my efTort to convince you pres.hat wV are entitled under the 'in couriructions and yo'or oaths to such a favo-V01*?1' " I* not foi us to point otii the n?f Rum'-V ma? or to vindicate the In ' -ence of this young raun," laytnp wim h, hand on Henry Bcattie's shoillder! marka"If you. after reviewing .ill the evl. ly lea-"10*" ar* no' convinced beyond per nr?iecV*ntUr* of th* R,1"r r,f accused verdict under the instructions rigrj^.st be not guilty. How must )ou hu .nave- feit when you heard the evidence of the defense" it shows the dangei , many Jurymen fall into of making up their mlr.ds about 'he without mi Rearing all tue evidence Two 'cai railroads of boys were i oming in from In tBoR Air I-?.'-ir.r. Sy.inoi t.,;.J ,:f . netting a young man in an automo " " die with a yellow top He described I? ye>?e actions of that young man. The ?accueeWy 'he State attempted to present guara-*R<3en y"u 0< ?' chicken with a ^roken wing leading an enemy from . ""'its nest. Mr. Sydnor bald he met thai stnou'o shortly after sunset going a< th'fttlow as it could go. We are left te Hevt.m!iKj"* thtlr 'hcory, for the counsel or the Commonwealth hat not: given c,,ar:ajth'e benefit of their views. in stands i Opening tiielr case, We have nof many ot""- advantage, litil are left t'. Corarnot1 lr' :htf *?** ,h. h 4fl??n't hm.v. State'? Theory. wn"^ Hhoos). this young mm I? on riciiltty for his life >w do hoi yet know heory of the Commonwealth as to txa/ii manner ol the crime or the relative Importance of the evidence. I This gives the closing counsel a great .-.?ivantage. "1 take It for granted that it Is the purpose of Mr. sydnor's evidence I to show that this young man wont out i and hid u gun behind a stump. 1 can? not Imagin? Why the slump and the ! tracks leading t\> the stump have not ! been put in evidence. This young man i has been proved to be an intelligent young man with the benetit of a good ' education. He is a graduate of Mc rfTuire s "fiii\~eTsTi y School, than which there is no better, und certainly none stamls bl?het. At his early ugo he ha.? i.ikui charge of and control of tin men's furnishing and shoe, depart? ments, two of '.iie largest departments Ol lila father's store. He bus been tho bu>ei and manager and has conduct? ed tlu business successfully. You saw him On the witness stand tell every detail of this case under a rigid, merciless, and 1 may say, heartless cross-examination lie stood It all. He mus-t have impressed you as a man of s >.a intelligence. Yet tho theory of (he Commonwealth would make thla young man out a dunce, an idiot In his preparations for this crime?this brutal scheme ot murder. It would make him the greatest brute that has ever disgraced the annals of history. ??>o Fouler Fiend lu Hell. "If the charge be true that he did thi3 thing, no fouler liend exists In hell. They want you to believe thut. this kind-hearted, intelligent, affectionate I young man conceived so dusiardly a murder?it sluggers human bellet. "We have challenged an Investiga? tion of Iiis character along these lines. I We throw down the gauntlet so to | speak when wo put his character In i*.-ue We told them to bring any mau of Chesterfield county here to say what manner of man he Is. With all t lie array of detectives at their dis? posal no attack could be made on llio character and Integrity of. Henry Beat tie "What manner of man it it that is charged with this crime? The Judge1 has told you that evidence of good | character may In itself raise a reason-i able doubt of guilt. We clultn acquit-1 lal on that instruction. ' This . rime was not done In anger. -Many good men have lost their tem? pers. Many men who have proved good reputations have done some act In haste which they have lived to regreC Tin y charge that Henry Beattle. a suc? cessful and Intelligent man., affection? ate son und loyal brother, has con? ceived and executed a crime that outclasses all the Borglas of ancient Hume: thut lie slept over it, thought over it. kissed his sister, embraced his lather with that thought In his bruin; that with a determination to curry out that dastardly crime, he for three days or muybe a week, lived in that Cod-fearing home with thai crime in Mm brain. it is inconceivable, abso? lutely inconceivable, and you know it "We brought out his home life, his character, his disposition here. Can you believe he planned with hendish deliberation and executed with brutal? ity worthy only of an American In? dian'.' From all the fa- ts you can't fasten this crime on this boy, face to face with your God, unless you are convinced to a moral certainty that he both conceived and executed this crime?If not so fully convinced youi verdict must be not guilty. Only by on Idiot. "No one but an Idiot could have1 conceived this crime. He goes oul| here at sunset and hides a gun behind a .-lump on Hie Midlothian Road, th* most popular drive out of South Rich? mond. The man who conceived the crime they portray was no more nor less than an idiot. Leading from this turnpike are many lonely and unfre? quented loads, roads not traveled and running through an uninhabited sec? tion, accessible and convenient for the purposes of a designing murderer. You are asked to believe that he pick? ed out this popular, much-travele'd1 pike as the scene of his crime?that- he'; ttourted spectators, planned to have; witnesses. : 'According to the theory they will1 present, he goes out to plant' this gun. creeps by a man In the road. the | dairyman Sydnor, lets Mr. Sydnor get! a good look at him. goes beyond him,! turns around and comes back by him and gives Mr. Sydnor three good lookt! at him. He hides a gun behind a Btutrip If he had conceived this plan thought n over for h week?Why I should lie have used a shotgun when a pistol eouid have been more easll] j procured ami more easily concealed' "Is is the part of common sense t? put yourself In the power of ahothei man and not even ask htm to say any thing about It: There seems to huvt been a s..rt of tend on Paul's part against the Heattie family. He is a weakling, easily lead, easily lnlluenc j ed. In a room with a crowd of dfitec ] .lives he would probably sign any statement yoti wanted it is absurd that Henry Beattie should have con. ??. ed this crime and then put himself In the power ..f a man with whom he id i .. relu lions except that of second fin There was a feeling of su? periority on Henry's part Paul was pool There has been too much harp un thai it shows something was Wrong Hierc lit puts himself In the power .-I another man when there was no need for It. Ridicules Thought of it. Henry, it he planned this crime, is ? r.s.'.'lc for having paved the way j for the police to follow. Think of buying a gun in a pawnshop and lea'-. ? " there hwlf a dsy with the name ? it?an ..lei second-hand gun. easily Identified Ha goes nut on this popular thoroughfare and hid it behind a st .mi 'i !.. chances are they measur I ed thohe in ,'li.s Mr. Carter told you j about, and found that they were not I lfer.r> Beat'tle's. That's the danger of 1 private detectives, not under the re ?sponslbilltles of official life. if N took one tr.-tck ? get to the stump . . 1 pul the gun there and another to gel back to 'he road, it seems to me ii-!.- should be two more tracks: when he pot the gun axaln later. "Wt have til-- proof that tie didn't leave his home that night until after * o'clock H wa? never demfcl until In the closing hours or the case. ?That Sydnor could not identify him or his machine Is jaoelUvp nnd con- , PROSECUTING ATTORNEY WHO CONVICTED BEATTIE OF MURDER L. O. WBNDBNBURG. (Photo by W. W. Foster.) clu.-ive proof that this Isn't tho man. If It had been, the Identification would have been certain, as Sydnor saw him two or three days later at the Inquest. They are not entitled to the benefit Of the doubt. We are. Was that Henry Beattle out on the pike that night at sunset? With that mass of doubt, we ask what we have a right to. and that you give us the benefit of the doubt. "They throw a doubt On his being late in getting to Tom Owen's place the night of the murder. The fairest i man I ever saw go on the witness j stand was Tom Owen, the uncle of I tins girl. Wo are willing to rest this case "ii his testimony. He was the first man to whom Henry told his tale, j and Toni Owen says that Henry men- I tioned then that he had had a ?busted | tire.' The ftnst three to whom he] told his tale of the hold-up were Tom Owen, Dr. Mereer and Detective Wren. I and they all three agree as to what j he said. All the discrepancies were | j discovered In what he Is alleged to J I have told others afterward. Men I came here?doubtless honest?in fact, I t'.ie great majority of tue witnesses In tills caste have told the truth as j thev thought It was. as they remem? bered it, but they disagree. If the 1 prosecution had had confidence In the 0Hs6.it had worked up. it would not j dwell on these lesser details. They I tell us that the fact that he didn't take any other:, with him that night was a suspicious circumstance. There was no one to s? Mrs. Owen was sick, Tom was with her; Mrs. R. V. Owen bad charge of the baby. Is there anything remarkable in that? They might have i carried the baby, as they had done he I fore, hut the hour was late. ( nudy-Buytng Incident. "They go down to have the prescrlp I lion lilled?this murderer they have pictured with his head filled with j brutal Instincts. He stands outside j on the running hoard talking with his j wife. One would have thought that j he would have been steeling himself for that dreadful crime. This mur? derer?whose victim would be alive, j only a few minutes?for her he bought candy. There Is nothing unnatural: ; yet it is paraded here as a damning I circumstance. They left the drug store :at 10:27 t.'elock. Henry Beattle has '..aid from the beginning that he met j three automobiles coming toward town. They were the two Bon Air 'boys and Kasteiberg. They ere a very good set of hoys, from whai I know of them, young and easily influenced. I and they have been led, to say an* to I see things which, if they had been left 1 to their own conclusions, they would not have seen. Tt Is verv easy to lead a witness. "Here was the most damning circum? stance In this case. When those hoys told of seeing a car hy ths road with I a man standing down In front and a I woman on tho running board?boys whose fathers I had known?boys who I had every reason to believe were telling the truth?the e?a..?e looked ugly; it looked very black. Mr. Carter and myself were worried,-. while we dldn'l believe thi* testimony. Hnery has said that his wife was not on the. running board. He knew Htere would be ton or a dozen hoys here to contra? dict him: nice, clean-looking hoys, whose- appearance gave you confidence In their testimony. It looked black. KantelhrrK'N 'Dig Part. "But God moves lit a mystetiou.', way. Dike a lightning flash from a clear sky came the message that It had been discovered wJao was on that road that night. Men who knew the secret of. that ride, when a human life was at. I stake, came and told it; told It, even I though it did involve the happiness of a homo. Kastelberg came here with reluctance. He deserve-s po credit for coming. He was forced on the wit? ness stand. Richmond would have been too hot for him in after years if lie had remained sllervt when a life was at stake. He was out there in a Knox car. No. D-ll, filling: the radia? tor of his car from a pump by a store when these two carloads of hoys parsed by. I am frank to say I don't believe a word of Kastelberg's story about that woman. I believe he knows who that woman was, who her hus band is. and who her brother Is. He I knows too well, and the safest thing i for him to do was to tell you that he ? picked her up on the street. But I do believe and know that It was Kastel berg's car those hoys passed with the woman on the running board. Ttese boys passed but one car. There's the danger of circumstantial evidence. This man might have paid the penal; of crime with his life on that testi? mony alont if Kastelbers had not been i forced to come here. That evidence ! was damning?almost conclusive. How i would you Tiave felt, after this boy had j gone to the elvtric chair, if <ix I months from now some compunction j of conscience had ma'fi that man or that woman confess >n their dyne; jbed? It Is fortunate. Indeed. In Itiat |\ shows the dangers of elroumstr.n I tial evidence. Certain He Kuocts Wniitnn. "All that about hip picking np a 'woman?about his helm; drunk?about j his not knowing the lime?that was all done to get peace a. home?a; hla own home, and at some? one else's i'brme. I don't believe .-. won* lie s?ia I about that woman, ana I don't ask yo'u ! to believe it. "John D. Blair. Jr.. came here and] said that he had said that night III I wag a Knox rar, D-ll, that he had seen j'n Smith's garage. They did not know j Kastelberg. Paschal) recognized It | j He was In the second car. He saw the number. D-ll, and so told Mr. Scherer 1 the next morning. Mr. Scherer said j there was nothing In it?that the num j her of the Beattie car was S20. It was j a mere accident that we got held ot j ~~~ Beattie Trial Jury 1. X. W. Farley, foreman, aged thirty-seven j stone quarry moat married. 2. E. I,. Wilson, aged thirty-eight, carpenter: single. 3. A. I,. Fetterolf, nged thirty four, contractor nnd biilldert married. 4. Irving AI. Rnsn, Jr., nged thirty, formeri Mingle. 5. V. W. Fuqun. asred twenty seven, former; single. 0. W. Q. TJurgess, aged fifty-mo, former) Mingle. 7. Melville E. Purdy, nieed twenty seven, farinert single. 8. Horace C. Robertann, aged forty four, farmeri married, p. Thomas A. Hancock, aged forty four, farmeri mnrrled. 10. Lewis Robertson, naed forty four, fnrmert marrlrtl. It, W P. Rooks, nprcd forty-eight, farmer I inn rr led. 13. M. E. ninnkenshlp, aKed thlrty elght, superintendent of silk mill) married. that testimony. You have been saved a horrible mistake- The responsibility would not have been upon you. but on those detectives. But you would have iiad to undergo the suffering cons? nuent on that mistake. ?'.Some great and good men have 10 fused to sanction the taking of human life for any crime; others will not take It on circumstantial evidence, and they point to sage experience for tills. Our mail lias been flooded with clippings giving accounts of wrong convictions on circumstantial evidence. The re? sponsibility rests on you jurors indi? vidually, not collectively; the mistakes you make by twelve you answer or.e by one. What we tear is a hung Jury. Jt Is better to err on the side of mercy. If you have a reasonable doubt, we have a right to demand that doubt. Better that ninety and nine guilty men es? cape than that one Inno. ?n' man suf? fer. >rrong CI*voniMf antlal Case. "We have already admitted that there was a strong case of circumstantial evidence. Mr Wendciiburg will un? doubtedly make a strong picture in closing this case. If you believe that Henry Beattle committed this crime there can be but one verdict. It must he not guilty or murder In tlve first de? gree; there can be no Intermediate ground. We need not discuss instruc? tions on other than premeditated mur? der.' "The evidence fulls to show a mo? tive. Did he want to kill his wife for that woman they have had in Jail and were afraid to trust on the witness stand? We are asked to believe things that stagger belief. They will under? take to show you tiiat he employed l'aul Beattie to Iniy him a second-hand gun. I have asked you to consider whether it Is reasonable. The evidence appears to contradict Henry and corroborate Paul as to that Thursday night meet? ing. The night is Immaterial, and that Henry met* him for such a purpose Is 1 Improbable and rests on the sole testl I mony of Paul Beattle. j "Nobody says there was any Incrlm i Inating circumstance in the meeting with Paul on Thursday night, even it I they did meet. The story Of Mrs Hou i chens and Mrs. Paul Beattie of hearing I a telophone conversation, 'meet me at 1 Short and Main Streets,' is unnatural j and Improbable. There are many un? usual circumstances. Haven't these. I women got some motive for their state? ments? They have admitted Paul Beat He was in a terrible tlx. Mrs. Houchens said the top of thj.oar.waa yellow. No? body doubts but that Mrs. Paul Beattle ! would have corroborated her. The i detectives knew she-would fall inso the same error, and ?he admitted having I talked with Scherer during the dinner hour. Don't these things nipke you a little doubtful? As to Tliuraday Ntgbt. "1 say that all that Thursday night is immaterial testimony. We don't ad? mit it, but even if they met that night there 1% nothing Incriminating in it. and on its face it i& unbelievable-. It doesn't cut any real tlgure after all. You have only the testimony of Paul Beattle. and If the testimony involved the stealing of f* pig yon wouldn't hold Paul Beattle's testimony us sufficient to convict on. You cannot convict in this I case unless you believe. Caul Beattle. Are you going to take a human life on the testimony of Paul Beattle? "Henry know iVJicn he went on the ? tana thnt he was going, to be contra? dicted, yet a forty-mule team oouldn't have kept htm from that wltneeu chair. You may call- It nerve. It wan a eon ?clousnoca of Innocence that sustained him through that ordeal. He couldn't have beon contradicted If he hadn't taken tho stand. His conduct la con? sistent with Innocence und la absolutely Inconsistent with guilt. "When they undertook to prove Paul Beattle'a character Mr. Carter has shown you haw they have been contra? dicted. We boldly challenged his rep? utation for truth ana veracity, und' proved by his old grandfather that ho was unbelievable. Paul's testimony has grown. He didn't say at the Inquest thut the gun was taken In three pieces Now he says Henry got in the buck ot the machine with the gun, as though to hide It. He told them at Weinstein'? pawnshop that he was buying the gun as a watchman on Mayo'a Bridge The Weinstein boy who Paul says wrapped Ute gun In three pieces didn't know on the stand how to take It apart. How are you going to take a human life on such testimony, when it is chunglng all the time? 'After the gun was put In the car, according to Paul Beattie, the first man they met was Policeman Oleen, the officer who refused Information to the defense, under instructions from the attorney for the Commonwealth. He fitted hla evidence as to the time to fit their case. That's the way this case has been worked up. strife Afrnld of IlrulnU. "It is very remarkable. Isn't it. that Beulah Blnford has been locked up for a month. She was in the car that Saturday night She ought to have known whether there V'as a gun In the bacS oC the car that night, yet they haven't gotten any testimony ugainst ..enr.v Beattie from her. Why did they visit her twenty-live, times and get statements from her? If the gun was in the back part of the car, why was Police Officer Green Invited to get in and ride with them? Billy Sampson started to get In the back that night, and he didn't see any gun. No living human being has ever seen that gun In Henry Beattie s possession We don't even know that It is the aame gun "We do not say that Paul Beattie Is I guilty of tills crime It Is dangerous to advance theories In a case of this aort. We a.e under no obligation to do It The fujjure o.t, the evidence to disclose any other criminal agent than the accused does not affect us according to the Instructions We are not called on to vindicate our rtno i cence by naming the guilty pero .. It isn't a' burden that rests on us. "Suppose Paul Beattie did buy that gun to use on Mayo'a Bridge? suppo?e Neblett is telling the truth ?hat. Paul did have that gun on Sunday morning. Suppose some one stole that gun from the cement house, and It got into the hands of some trump, and that person killed Mrs. Beattie, wouldn't Paul fear to tell that tale for fear he would not be believed'.' He saw detectives clos? ing In on Henry und threw the weight ' of his Influence in that direction. Sup? pose that swarm of human bloodhounds! had taken a trail against Paul Instead) of Henry. Just Imagine the case they \ would have had against him Hunks on Neblett. "He certainly bought the gun on Saturday night at Weinsteln's. He told them he wanted It to use on Mayo's Island. He cannot say now he wanted it for his Cousin Henry. On Sunday morning he is seen with a stn j gle barreled gun. He denies it, of: course, but Ernest Neblett comes for? ward and says. 'I saw him ' He falls I Absolutely to account for himself on j Tuesday night of the crime There Is I Ho evidence as to where he was ex- i [ cept that Rafter said he saw him | eomfng from the river on Monday or I Tuesday night. There Is a chain of circumstantial evidence even without I the relentless pursuit. What is his | defense? He says he bought the gun I for Henry. The first statement Is the! one.he Is bound by?that he bought It for his own uite. "Suppose Henry were to change his statement and siy now. I did go over to Richmond to see Paul on Thursday | night about some message to Beuluh I j didn't want made public, that we did : take a drink at Mctvoy's. "L?et It be your rallying cry that I you are not satisfied that Henry ever j had the gun in his possession. Paul had it. There is no evidence that Henry had It save the statement of | I Paul, and he has made unreasonable I and conflicting statements. Tbe So-Called Confession. "We come to the confession. So farj i from hurting Henry Beattie, I thlnk'j it the best thing that has happened or that cotlld have happened- It showji| Paul's unreliability, the way In which he Is going about this whole case If this confession was- made on Thursday night, as he says, and he on the Sat? urday following went on the stand and swore to tell all he knew, what Is his position? He told his wife on Thursday night about the purchase of! the gun, but didn't even tell his wife about the. etonfossion Henry had made to.him. He says he didn't like to tell on his flesh and blood. Then he told; it as his duty to the public. Does i that sound like T*aul Beattie?'his duty to the public' "Remember what Gentry and Bflton said Paul told them on Friday; think of a confession made under those cir? cumstances when he had Just referred to his blood kin as 'those damned people, who were trying to put thisj thing on him.' It Is a doubtful species of evidence, as the court well says "When his wife and mother-in-law' said that things looked black fo: him1 I why didn't lie tell them Henry had! confessed to him? A man who would] come Into a. courtroom and manufac? ture a confession Is Just as bad as one who would commit murder. It is worse. One profanes the temple of Justice. The other only shows the deg? radation of the human kind under cer? tain conditions. Smith's. Final Word. "I have endeavored to Impress on you that where there Is any doubt we should have the. benefit, that the Instructions should be carefully read. ! The greatest weakness of the Com- : monwealth case Is its lack of motive. ] I know of no father and no stin where the bond of affection was closer. You I have been told how the door of hope! opened to that old fathers heart at! the birth of his grandchild. He says It made the world look young and fresh again. Til's boy has testified that there never was a cross word between himself and his -wife. That Id his home life. Now what is the mo tlve? It is this girl Beulah Blnford. "I do not and Mr. Carter does not undertake to Justify this young man's conduct with Beulah Blnford. He shall have no apology at my hands. But admitting every Vrbrd of It. that doesn't account for this murder. ?The death of this boy at your hands not only means degradation arid dls-. grace to that whitc-hnlrod father tc that atalwart brother, ttiat gentle lit? tle slater, but remember that little, baby too young In lisp Its prayers. Its mother gone now. you are asked to brand its father as the coldest-bloodod murderer of the twentieth century." May Clod aid you in your deliberations and give you wisdom and strength to do your duty " HOPE SHATTERED AS WENDENBURG BRANDS SLAYER (Co.'tJnued From First Page > those po'lniTSiOJi which the defense had relied to ?avi* their client. The Jury sat cold and illent Jury Moved to Team, At one time he moved them to tea's. His own voice broke, and the vast crowd inside the small court room and all those woo could hear him from the courthouse green Wept with him. Ii vus when he referred, in a brokfn voice, to the babe left mothcrloss by the slaying of the woman by its own father'- hand. He pictured the feeble cry of life motherleSi tninrrt, and in words painted a pictare Of that bah v holding out its arms for the bans* that never more would fondle it, leach lng for the breast on which it can : never He again. And under the storm Of words and tears young lle&ttlo cos j ered. He bowed his head, and tor th; 1 llrst time in all the days he ha* been on trial, showed that somewhere be? neath his smile his soul could be reached. "And. ah!" said Mr Wcndenburg. "they speak of his old. gray-haired father. My sympathy goes out lo him. ! But what of that young woman! Think of her on that dark and lonely night. ! Think of her when she ???? the asa?a \ sin's gun In the hands of the man who had sworn at the altar to love anil protect her. Think of the agony of that moment." By some grace of feeling the lawye, spared Ms hearers a further portrayal of that young Woman's last moments, and the crowd slg.ied with approval as he drew the curtain over that hour. I'nlr Even to Murderer. Even tn the mott heated moments of his .-> v i.i,, :.? Mr. Wendenburg was fair to the. prisoner. read from the instructions of the court to the Jury that part of them which gave the pris? oner the benefit of the "reasonaa'.e doubt" to which the defense rlung from beginning to end. But he asked the twelve men before him how could there be any reasonable doubt as to : the guilt of the prisoner. He showed them and flaunted before the.r faces i the bloody garments in which Henry Beaitle dressed himself for that er | rand of death ' These mute wit nusies," he shouted, "cannot perjure ' themselves. This shirt shows that 1 Henry Clay Beatric, Jr . did not place his left arm around his dead wife's waist when he t'a?k her home. This coat also shows that he did not sup? port her body when he took her horn. to her mother?de-ad " And the In? ference he drew Is what the State has charged?that Seattle sat on his wife's lifeless form when he returned with her tn Tom Owen's home. l ine? Battered Down, Adverting to the fact that Bcattie ?J-.ad said that he did not know at f.r?t that his wile was dead, and that he hurried home because there was a physician, he asked why it was that Henry Beattte stopped, as he had said he stopped, to fix his lights.~-rr?.l yet when they were looking for the gun he .said: "To h?11 with the lights." as they went out. Mercilessly Mr. Wen denhurg went about his task, and when he had finished the lines of the defense were battered down, and thut ?%crei hope . on which Honry Beaitle has nursed himself had disappeared as the mists before the dawn. Yet. under it all, except for the time when he cow? ered under the accusing finger dirv.A at him. the prisoner manifested little concorn. On whatever his faith relics. It Is. It would seem, an abiding trust. "I am innocent." he has declared, and on this unsupported plea lie liases his hope of walking forth some day, a free man, from the Chesterfield county jail. , But If he be innocent, the prosecution asks, where Is the guilty man? And '. no volt:e replies save that voice which . Mr. Wendenburg Hays cries for justice K. from that blood spot on the Midlothian, I'Ike. Wendenhurg Begins. When the polling of the Jury was finished and the lawyers had taken their seats, Judge Watson announced that he was ready to hear from Mr. Wendenburg, who was to close the ar? gument in the noted case. ''May It please the court and jury," Mr. Wendenburg said, rising. "I wish to congratulate th.- gentlemen of the Jury that the obvious task befor* them 1? about to come to an end, and 1 con? gratulate the- people of Virginia that this case, which was born In Iniquity and which has left a frail of slime throughout this fair county, is about I to be ended. 1 hope, that the book will soon be closed and that the fair wo? men of our land will greet Its close with an 'Amen.' ' Hut 1 do not mean women of the class to which some con? cerned in this case belong. 1 mean only those others of whom we speak and whom we know in our dally walk of life. "Gentlemen, this is one of the most Important cases which ever attracted the attention of a Jury. The final de? cision in regard to It, whether from th? standpoint of the defendant or of Ytr glnlu. Iiangs upon you. gentlemen of th< Jury. I'pon you hang the sacredncst of the law and the sacredness of hu man life. It is impossible to exagger? ate the Importance of this case. "Our people are law-abiding, ane theirs is a land of law. Our laws art everywhere as pure as the atmosphere which we breathe. God has declared ?Thou shalt not kill,' and "for the vio? lation of that commandment He hat said. 'Vengeance Is Mine' And on thai edict the law, not you. becomes the agent for the just retribution of that I crime which has been committed lr, I our midst. God Frowned I'pon HHu. "When the silence of that fatal night was broken by the screams of that poor, defenseless woman, as she real-' lzed that the man who had sworn to protecther was in fact a fiend Incarnato, and he silenced that scream with the report of that, death-dealing gun. God frowned and the law shuddered. This man was left alone on the scone of the crime, left alonv by that pool 6f blood, with the smoking weapon still In his hands. He threw the gun into the car and the body of his wife after tl, like tH< body of a slaughtered beast. "The learned and brilliant counsel i f?r the accused have ?sked you on